Archives for category: Freedom of Speech

Jill Underly was recently te-elected as State Superintendent of Schools in Wisconsin. She is an active member of the Netwotk for Public Education and attended its last two meetings. She released the following statement after two courts hacked away at Trump’s threat to withhold funds from schools that taught diversity, equity, and inclusion

MADISON, Wis. (WISCONSIN DEPARTMENT OF PUBLIC INSTRUCTION PRESS RELEASE) – State Superintendent Dr. Jill Underly today issued a statement following two federal court rulings that limit the Trump administration’s ability to withhold critical school funding over an unclear certification form and process.

“Our top priority in Wisconsin is our kids and making sure every student has the support they need to succeed. The past few weeks, school leaders have been scrambling to understand what the impact of the U.S. Department of Education’s order could be for their federal funds, forcing them to take their eye off what matters most.

“Today, two separate courts reached a similar conclusion: the USDE’s new certification process is likely unlawful and unconstitutionally vague. That is a welcome development for our schools and communities who, working in partnership with parents and families, are best positioned to make decisions for their communities – not Washington, D.C.

“We are closely reviewing today’s rulings and will continue to stand up for Wisconsin schools, and most importantly, our kids.”

The Trump administration claims that it wants to reduce federal intervention into the nation’s public and private institutions. But it intervenes forcefully in both public and private sectors to punish anyone with different views. It has threatened to withhold federal funding for research from universities unless the targeted universities allow the federal government to supervise its curriculum, its hiring policies, and its admissions policies. And he threatened to stop the funding of any K12 school that continues DEI programs.

The Trump regime has created a nanny state.

From Day 1, Trump made clear that he would ban practices and policies intended to diversity, equity, and inclusion. He threatened to withhold federal funding of schools that ignored his order to eliminate DEI. He has taken complete control of the Kennedy Center, so as to block DEI programming, and he has appointed a woman with no credentials to remove DEI from the Smithsonian museums.

Who knows how the African American Museum will survive Trump’s DEI purge.

ABC News reported that a federal district judge has halted the DEI ban, at least in schools associated with one of the lawsuit’s plaintiffs, the NEA.

ABC News reported:

The Trump administration’s attempt to make federal funding to schools conditional on them eliminating any DEI policies erodes the “foundational principles” that separates the United States from totalitarian regimes, a federal judge said on Thursday.

In an 82-page order, U.S. District Judge Landya McCafferty partially blocked the Department of Education from enforcing a memo issued earlier this year that directed any institution that receives federal funding to end discrimination on the basis of race or face funding cuts.

“Ours is a nation deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned,” Judge McCafferty wrote, adding the “right to speak freely and to promote diversity of ideas and programs is…one of the chief distinctions that sets us apart from totalitarian regimes.”

“In this case, the court reviews action by the executive branch that threatens to erode these foundational principles,” she wrote.

The judge stopped short of issuing the nationwide injunction, instead limiting the relief to any entity that employs or contacts with the groups that filed the lawsuit, including the National Education Association and the Center for Black Educator Development.

Jason Garcia is an investigative reporter in Florida who has had plenty to investigate during the regime of Ron DeSantis. His blog is called “Seeking Rents.” This is a post you should not miss.

The governor acts like a dictator, and the Republican-dominated legislature doesn’t stop him. Remember the takeover of New College? It was the only innovative, free-thinking public institution of higher education in the state. It was tiny, only 700 students. But DeSantis took control of the college’s board, hired a new president (a crony) and set about destroying everything that made it unique. He issued one executive order after another for the entire state to crush DEI and assure the only permissible thought mirrored his own. He attacked drag queens and threatened to punish bars and hotels that allowed them to perform. He created a private army, subject only to his control. He selected politicians to run major universities. He imposed thought control on the state. Fascism thrives in Florida.

Thus far, he has gotten away with his gambits. But Garcia doesn’t think he will get away with this one.

He writes:

A simmering scandal erupted Friday afternoon when the Tampa Bay TimesMiami Herald and Politico Florida revealed that the administration of Gov. Ron DeSantis orchestrated a $10 million payment last fall to a charity founded by the governor’s wife — which then turned around and gave the money to groups that helped finance the governor’s campaign against a proposed constitutional amendment to legalize marijuana in Florida.

In a nutshell: The DeSantis administration pressured a major state contractor to make a $10 million donation to the Hope Florida Foundation, the controversial charity spearheaded by First Lady Casey DeSantis. It was part of a settlement negotiated with Centene Corp., after the state’s largest Medicaid contractor overbilled the state by at least $67 million.

Days later, Hope Florida transferred that $10 million to a pair of dark-money nonprofits. The state-backed charity gave $5 million each to “Save Our Society From Drugs,” an anti-marijuana group founded by a late Republican megadonor, and “Secure Florida’s Future,” a political vehicle controlled by executives at the Florida Chamber of Commerce, the Big Business lobbying group.

And days after that, Save Our Society From Drugs and Secure Florida’s Future gave a combined $8.5 million to “Keep Florida Clean,” a political committee — chaired by Ron DeSantis’ then-chief of staff — created to oppose Amendment 3, the amendment on last year’s ballot that would have allowed Floridians to use marijuana recreationally rather than solely for medicinal reasons.

It’s a daisy chain that may have transformed $10 million of public money — money meant to pay for health insurance for poor, elderly and disabled Floridians — into funding for anti-marijuana campaign ads.

DeSantis, of course, has repeatedly insisted that he did nothing wrong while also lashing out in increasingly vitriolic ways at everyone from the Republican speaker of the state House to the newspaper reporters digging into the story.

But at least one prominent GOP lawmaker — Rep. Alex Andrade, a Pensacola Republican who has been presiding over hearings into Hope Florida — told the Times and Herald that the transaction chain “looks like criminal fraud by some of those involved.”

Clearly, this looks very bad. But it is also by no means an isolated incident. 

In fact, this is part of a larger pattern of potential abuses that Ron DeSantis committed last fall when he chose to turn the power of state government against two citizen-led constitutional amendments that appeared on the November ballot: Amendment 3 and Amendment 4, which would have ended Florida’s statewide abortion ban.

Consider what we already know about how DeSantis financed his campaigns against the two amendments using public money taken from taxpayers — and private money taken from donors who got public favors from the governor.

  • Five state agencies directly funded television commercials meant to weaken support for the marijuana and abortion-rights ballot measures. We still don’t know the full extent of their spending, although Seeking Rents has estimated the total taxpayer tab at nearly $20 million. We also know that the DeSantis administration commandeered money for anti-marijuana advertising from Florida’s share of a nationwide legal settlement with the opioid industry — money that was supposed to be spent combatting the opioid addiction crisis.
  • At the same time, another nonprofit funded by Florida taxpayers poured at least $5 million into television ads attempting to soften Florida’s image on women’s healthcare at a time when Florida’s near-total abortion was under intense attack. It was the Florida Pregnancy Care Networks’ first-ever TV ad campaign. And its commercials, which were overseen by DeSantis administration staffers, complemented the state agency ads against the abortion-rights amendment — right down to using the same slogan.
  • Last June, after DeSantis vetoed legislation that would have strictly regulated the state’s hemp industry, CBS News Miami revealedthat industry executives and lobbyists promised to raise $5 million in exchange for the veto for the governor to spend on his campaign against Amendment 3. “Our lobby team made promises to rally some serious funding to stand with him on this,” a hemp industry representative wrote in one message that included a bank routing number for the Republican Party of Florida. “We have to pay $5 million to keep our end of the veto,” a hemp executive wrote in another message.
  • In the closing weeks of the campaign, records show that the Big Tobacco giant Philip Morris International gave $500,000 to DeSantis’ personal political committee — which was also chaired by the governor’s then-chief of staff and which DeSantis was using to campaign against both Amendment 3 and Amendment 4. Shortly after the election, the DeSantis administration handed Philip Morris a lucrative tax break, ruling that the company could sell a new line of electronically heated tobacco sticks free of state tobacco taxes.

There were other abuses of power, too. DeSantis and his team threatened to criminally prosecute television stations that aired ads supporting Amendment 4. They sent state police to the homes of Florida voters who signed Amendment 4 petitions. And they hijacked the ballot-writing process for Amendment 4.

There’s a reason why the DeSantis administration made sure to extract a promise of legal immunityfrom the organization that sponsored Amendment 4 as part of a legal settlement negotiated after the election.

DeSantis’ tactics worked. Though Amendments 3 and 4 each won majority support from Florida voters — 55.9 percent for recreational marijuana, 57.2 percent for abortion rights — both fell short of the 60 percent support needed to amend the state constitution.

But, suddenly, it looks like this may not be over — at least not for Ron DeSantis.

House Republicans are seeking troves of records from the DeSantis administration, including text messages and emails related to Hope Florida. The chamber has also scheduled another hearing on the Casey DeSantis charity next week.

What’s more, the House also unveiled a sweeping ethics reform package last week that would, among other things, explicitly expose senior government officials to criminal penalties if they interfere with elections.

That particular legislation would also prohibit state employees from soliciting money for political campaigns — an idea that emerged after DeSantis aides got caught squeezing lobbyistsfor more donations to their boss’ political committee ahead of a possible Casey DeSantis campaign for governor….

Ron DeSantis bet his political future on beating the marijuana and abortion-rights amendments. And he won both of those battles.

But it may turn out that he ultimately lost the war.

Wishful thinking? I hope not.

To give you an idea of how far/right the legislature is, Garcia lists some of the bills that are currently moving through the legislative process:

  • House Bill 549: Requires all new public school textbooks to refer to the Gulf of Mexico as the “Gulf of America.” Passed the Senate by a 28-9 vote. (See votes) Previously passed the House of Representatives by a 78-29 vote. (See votes) Goes to the governor.
  • House Bill 575: Replaces Gulf of Mexico with “Gulf of America” in state law. Passed the Senate by a 28-9 vote. (See votes) Previously passed the House of Representatives by a 78-27 vote. (See votes) Goes to the governor….
  • House Bill 1517: Allows someone to file a wrongful death lawsuit seeking lost wages on behalf of an embryo or fetus. Passed the House of Representatives by a 79-32 vote. (See votes)…
  • House Bill 7031: Cuts the state sales tax rate from 6 percent to 5.25 percent. Passed the House of Representatives by a 112-0 vote. (See votes)
  • House Bill 123: Allows a traditional public school to be converted into a charter school without the consent of the teachers who work at the school. Passed the House Education & Employment Committee by an 11-4 vote. (See votes)

Joyce Vance was US Attorney for Northern Alabama and a steady voice of reason. She wonders in this post what it will take to awaken Republicans to Trump’s erosion of the Constitution and our rights.

She writes:

Why doesn’t any of this break through? Why do Republicans still support Trump?

The reporting in The Atlantic on the Signal chain? The voter suppression executive order Trump issued…? The foul-ups in deporting supposed gang members who turn out not to be? Why aren’t Americans out on the streets protesting in massive numbers like we have seen people in other countries doing—Israel, Georgia, Turkey, South Korea, and others? In part, it’s because a large number of people who are Trump supporters just don’t care. Their guy can do anything, and they don’t care. They’ll believe any lie, and they’ll ignore any horrible; they’re all in for Trump for reasons the rest of us still struggle to understand.

The question is, how many of the rest of us are there? By that I mean Americans who, regardless of party affiliation, still care about truth and democracy. Those words are no longer just philosophical notions to be bandied about, an elite construct. They are the reality of what we are fighting a rearguard action to try and save.

Statistics from the last election provide reason for some optimism. Donald Trump won with 49.9% of the popular vote. Although he has claimed he has a mandate for a radical transformation of government, the numbers just don’t back that up. And they don’t suggest there’s a mandate for putting out military information on a Signal chain being used on personal phones, rather than on secured government systems. If there ever truly was a mandate for Trump, the reality is, it’s evaporating day by day as egg prices stay high and people lose their jobs. And now, there’s this, a cavalier disregard for the safety of our troops, lax security with one member of the Signal group apparently in Russia while communications were ongoing, what looks like an effort to do an end run around government records retention procedures.

Will the Atlantic story break through? It should. Trump’s Vice President, his Secretary of Defense, his CIA director, his DNI, all put American pilots in harm’s way. If that’s not enough for Senate Republicans to break ranks with Trump, especially those on subcommittees that have oversight into military and intelligence community operations, it’s hard to imagine what would be.

Why use Signal in the first place when American leaders have some of the most secure communications technology in the world available to them? Is it just for convenience? If so, that’s sloppy, and they should be committing to do better, not arguing over whether the information was classified or not. (But if it looks like a duck…) 

The truth is that by going to Signal, they avoided leaving a paper trail. No annoying records that could be unearthed down the road. Remember Trump’s first impeachment? It came about in large part because after the call where he threatened Ukraine’s president with withholding security aid if he wouldn’t announce his country was investigating Joe Biden for financial misconduct, records of the call were buried inside a classified information system where they didn’t belong. That was what got the ball rolling. It was about trying to hide records of an official call that everyone knew was wrong. 

As far as we know at this point, there was nothing improper about the attack on the Houthis. So why were high-ranking members of the Trump administration communicating off the books? How pervasive is the practice, and who knows/authorizes it? We are a government of the people. Transparency isn’t optional. There are rules about public records that have to be followed, and this president who likes to operate in secret and at the margins of our laws has frequently tried to skirt them.

It’s hard to imagine that the Signal chain for the Houthi attack was just a one-off, that they only went to Signal for this moment. Is this how this new government is operating routinely—off the books, in a hidden fashion designed to avoid scrutiny and accountability? 

It may seem like a minor point with everything else that’s going on, but this is how autocrats work, not how a democracy operates. That’s the danger we are now facing, and this is another marker on the path to tyranny.

Calls are mounting for Hegseth and others to resign. Anyone who would engage in this kind of behavior and then argue that it was not improper rather than apologizing and promising to do better should leave government, whether voluntarily or not. But they should never have been confirmed in the first place. There is a cancer on the heart of the presidency, to quote from the Watergate era, and it’s infecting all of us.

We’re in this together,

Joyce

NPR reported that the Trump administration would review the social media accounts of immigrants to exclude anyone who is anti-Semitic.

As a Jew, it makes me sick to see the Trump administration use “anti-Semitism” as a reason to vilify anyone, be it a university or an immigrant.

Trump’s minions include numerous openly anti-Semitic allies. He’s gotten support from David Duke, Richard Spencer, Nick Fuentes, and Kanye West, all of whom have expressed anti-Semitic views. He should reprimand all the Nazi-loving guys who carry Nazi symbols and chant “The Jews will not replace us.”

And then there’s Elon Musk, who twice gave the Nazi salute at Trump’s inauguration Right hand on heart, then thrust straight out. Elon re-opened Twitter to expressions of anti-Senitism and racism.

I support the First Amendment and oppose efforts to limit free speech.

But I hate hypocrisy. If Trump intends to use anti-Semitism as a reason to scour social media accounts, he should deport his anti-Semitic friends.

Trump is following through on his frequent threats to punish anyone who crossed him in the past. He recently ordered his compliant Attorney General to investigate two men who were critical of him during his first term. Elie Honig, a former federal prosecutor, wrote about the tyrannical nature of this action and about Pam Bondi’s willingness to do whatever he wants.

Honig writes at the website Cafe, a hub for legal experts:

Donald Trump’s presidential payback tour rages on, and now it’s personal. It’s one thing to target multi-billion dollar law firmsuniversities, and media outlets for organizational retribution; those efforts, aimed at stifling and punishing any criticism or dissent, are reprehensible in their own right. But now Trump is going after individual private citizens, using the might of the Executive Branch to potentially throw his detractors in prison.

In a pair of official proclamations – rendered no less unhinged by the use of official fonts and White House letterhead – Trump identifies two targets who worked in the federal government during his first tenure and dared to speak out publicly against him. First: Chris Krebs, who led the Cybersecurity and Infrastructure Security Agency from 2018 to 2020 and made headlines when he publicly contradicted Trump’s false claim that the 2020 presidential election was stolen. For this act of heretical truth-telling, Trump labels Krebs “a significant bad-faith actor” – whatever the hell that means – who poses grave “risks” to the American public. 

And then there’s Miles Taylor, a former Department of Homeland Security official who publicly criticized the President in an anonymous book and various media appearances. Taylor, like Krebs, purportedly poses “risks” to the United States, is a “bad-faith actor” (though apparently not a significant one like Krebs) and “stoked dissension” with his public commentary. 

Are you scared? Don’t you fear the “risks” posed by these two monsters?

 True to the form he has displayed when going after disfavored law firms, Trump hits below the belt. The President orders security clearances stripped not only from Krebs and Taylor but also from everyone who works with them (Krebs at a private cybersecurity firm, Taylor at the University of Pennsylvania). He’s punishing his targets – plus their employers and colleagues, First Amendment freedom of association be darned. 

It gets worse. In a separate set of orders, Trump directed the Attorney General to open criminal investigations of Krebs and Taylor. Notably absent from the orders is any plausible notion that either might have committed a federal crime. This hardly needs to be said, but it’s not a federal crime to be a “bad-faith actor,” to “stoke dissension,” or even to be a “wise guy,” as Trump called Krebs from the Oval Office.

The next move is Pam Bondi’s – and we know how this will go. 

Any reasonable, ethical attorney general would follow the bedrock principle that a prosecutor must have “predication” – some kernel of fact on which to believe a crime might have been committed – to open a criminal investigation. The bar is low, but it serves the vital purpose of preventing precisely the baseless retributive inquests that Trump has now ordered up. In observance of this foundational precept, even Bill Barr – the subject of sharp criticism in my first book, Hatchet Man – generally ignored Trump’s public pleas for the arrests of Barack Obama, Joe Biden, and others. Like the exhausted parent of an unruly toddler, Barr would mostly sit back and let the tantrum pass. 

Don’t count on Bondi taking the same course of passive resistance to the President. She has already shown her true colors, and they’re whatever shade Trump pleases. For example, despite the distinct possibility of criminality by top administration officials around the Signal scandal, the AG refused even to investigate. Instead, she decreed – after zero inquiry, with zero evidence – that information about military attack plans was somehow not classified, and that nobody had acted recklessly. Case closed, no inquiry needed. 

Bondi no longer deserves the benefit of the doubt. She’s in the bag for Trump. The question now is whether she’ll cross the line that even Barr, her crooked predecessor, would not, and use the Justice Department’s staggering investigative power as an offensive weapon. 

Even if DOJ investigates but concludes it cannot bring a criminal charge, the threat to Krebs and Taylor is real. Any criminal inquiry takes an enormous toll on its subject; subpoenas fly, friends and colleagues get pulled into the grand jury, phones get seized and searched, legal costs mount, professional reputations suffer, personal ties fray. Ask anyone who has been investigated by the Justice Department but not indicted. They’ll tell you it’s a nightmare. 

If Bondi does somehow convince a grand jury to indict somebody for something, Trump has unwittingly handed both Krebs and Taylor a potent defense: selective prosecution, which applies where an individual has been singled out for improper purposes. Exhibit A (for the defense): Trump’s own grand proclamations, which openly confess to his personal and political motives for ordering a Justice Department inquiry. Selective prosecution defenses rarely succeed, often because prosecutors typically don’t commit their improper motives to paper. But this would be the rare case where the evidence is so plain – it’s on White House letterhead, signed by the President – that a judge could hardly overlook it.

Trump has long made a habit of threatening his opponents with criminal prosecution through social media posts and by spontaneous outbursts from the lectern. Until now, it was mostly bluster, a public form of scream therapy for the capricious commander-in-chief. But now it’s in writing, from the president to the attorney general, who typically jumps to attention to serve whatever suits the boss, prosecutorial standards be darned. Trump’s dark fantasies are coming to life. 

Elie Honig served as an Assistant U.S. Attorney in the Southern District of New York for 8.5 years and as the Director of the Division of Criminal Justice at the Office of Attorney General for the State of New Jersey for 5.5 years. He is currently a legal Analyst for CNN and Executive Director at Rutgers Institute for Secure Communities

In his vendetta against law firms who represented his opponents, universities whose high standards offend him, and anyone who dared to stand up to his lies, Trump has selected two former government employees for retribution. These actions are typical of dictators. Trump is wannabe dictator. He certainly aspires to be a full-fledged fascist. He has a compliant Departnent of Justice. Attorney General Pam Bondi thinks she works for Trump, not the people of the United States.

The blog SpyTalk is written by Jeff Stein.

He writes:

President Trump on Wednesday signed an executive ordering the Justice Department to investigate two prominent former senior Homeland Security officials, saying they could be guilty of “treason” because of their criticism of him. 

Trump also stripped Miles Taylor and Chris Krebs of their security clearances, although it was not clear if they maintained any. The order “also suspends any active security clearance held by individuals at entities associated with Taylor, including the University of Pennsylvania,” where Taylor is an adjunct professor, “pending a review of whether such clearances are consistent with the national interest.”

Likewise, the order also suspends security clearances held by associates of Krebs at SentinelOne, a California-based cyber security firm, where he is currently employed as the company’s chief intelligence and public policy officer.

Taylor, who served as the chief of staff to Homeland Security Secretary John Kelly during the first Trump administration, drew Trump’s wrath for writing a blistering, New York Times Op-ed, titled, “I Am Part of the Resistance Inside the Trump Administration“, and later a book, A Warning, both under the pen name “Anonymous,” detailing his concerns about the president’s policies. The Op-ed unleashed a furious media campaign to identify him. After he surfaced in October 2020, he became a prominent TV critic of Trump 

“You can’t have that happen,” Trump said as he signed the executive order, adding, “I think he’s guilty of treason if you want to know the truth, but we’ll find out.” 

The executive order called Taylor “a bad-faith actor who weaponized and abused his government position, prioritizing his own ambition, personal notoriety, and monetary gain over fidelity to his constitutional oath.”

Taylor responded on X (formerly Twitter): “I said this would happen. Dissent isn’t unlawful. It certainly isn’t treasonous. America is headed down a dark path. Never has a man so inelegantly proved another man’s point.”…

It’s almost funny to see Trump criticize anyone for failure to be faithful to their “constitutional oath,” since he has violated his own constitutional oath on a daily basis.

In this essay in The Washington Post, columnist Dana Milbank offers to give Elon Musk private lessons about the Constitution. At no extra fee, he will let Donald Trump join the class. Both men are woefully ignorant of the foundational principles of American law. Musk was raised in South Africa, when apartheid was in force, so his ignorance is understandable. Trump has no excuse.

Milbank writes:

The man President Donald Trump put in charge of taking a chain saw to federal agencies showed once again this week that he lacks even a rudimentary understanding of the government he is dismembering.

“This is a judicial coup,” Elon Musk proclaimed, reacting to the growing list of federal judges who have moved to halt the Trump administration’s headfirst plunge into lawlessness. “We need 60 senators to impeach the judges and restore rule of the people.”

How did this guy pass his citizenship test?

As the framers wrote in the Constitution, it is the House, not the Senate, that has “the sole power of impeachment.” And the Senate needs “the concurrence of two thirds of the members present” — 67, assuming full attendance, not 60 — to convict.

More important, the framers wrote that judges hold their offices for life “during good behavior” — which has been understood to mean they can only be impeached for corruption. That is how it has been since the 1805 impeachment trial of Supreme Court Justice Samuel Chase, when Chief Justice John Marshall, himself a Founding Father, persuaded the Senate to abandon the idea that “a judge giving a legal opinion contrary to the will of the legislature is liable to impeachment.”

Musk, growing up in apartheid-era South Africa, probably wasn’t taught to revere constitutional democracy. But what’s the excuse of his colleagues in the Trump administration?

They have issued scores of executive orders that flatly contradict the Constitution and the laws of the land. Apparently, they are hoping a submissive Supreme Court will reimagine the Constitution to suit Trump’s whims — and federal judges have reacted as they should, by slapping down these lawless power grabs. As such, the administration is on a prodigious losing streak in court. Judges, in preliminary rulings, have already blocked the administration more than 50 times. Over the past week alone, judges:


• Ended Musk’s access to the private Social Security data of millions of Americans for a “fishing expedition.”
• Halted Musk’s continued destruction of the U.S. Agency for International Development.
• Blocked enforcement of Trump’s executive order banning transgender people from military service.
• Stopped the administration from terminating $20 billion in grants from a congressionally approved climate program.
• Ordered the Education Department to restore $600 million in grants to place teachers in struggling schools.
• And, most visibly, required the administration to halt the deportation flights of Venezuelan migrants to a Salvadoran prison without any judicial review — an order the administration evidently defied.

There’s an obvious reason Trump is getting swatted down so often: He’s breaking the law. Instead of changing course, the administration is now trying to discredit the courts — and the rule of law. White House adviser Stephen Miller denounced “insane edicts of radical rogue judges” and declared that a judge had “no authority” to stop Trump. Border czar Tom Homan went full-on authoritarian on Fox News: “We’re not stopping,” he said of the deportation flights a judge had temporarily halted. “I don’t care what the judges think.”

Trump called the U.S. district judge in the case, James Boasberg (appointed to the bench by George W. Bush and elevated by Barack Obama) a “radical left lunatic” who, “like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” This drew a quick rebuke from Chief Justice John Roberts (in case Musk doesn’t know this, he’s also a Bush appointee), who reminded Trump: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.”

Trump later told Fox News that he “can’t” defy a court order — welcome news, except he apparently had done exactly that in more than one case — while arguing that something had to be done “when you have a rogue judge.”

Someone has gone rogue here, but it isn’t the judge. Boasberg’s actions are squarely within the best tradition of the judiciary, for they are in defense of principle, enshrined in the Bill of Rights, that no person in this country, citizen or alien, may be “deprived of life, liberty, or property, without due process of law.” This is precisely what the Trump administration denied to those it deported and imprisoned.

Violations of due process have been alleged in dozens of the cases against Trump’s executive actions: terminating workers and programs; eliminating grants; violating union contracts; denying care to transgender people; banning the Associated Press from the White House; abolishing civil rights enforcement and everything else the administration calls “DEI”; harassing law firms; and summarily deporting migrants. All of these things were done without notice, without recourse, without adjudication and without clarity about which laws give the president the power to do them.


“Due process” might sound technical, but it was elemental to our founding and remains at the heart of our legal system. Trump’s flagrant denial of due process is so radical that it isn’t only at odds with 200 years of U.S. law — it’s also contrary to another 600 years of English law before that. For the benefit of Musk (who doesn’t seem to know about such things) and his colleagues (who don’t seem to care), perhaps a refresher is in order.

For this, I called Jeffrey Rosen, who runs the nonpartisan National Constitution Center, which finds consensus between conservative and liberal scholars. The concept of due process, he explained, is in the Magna Carta, which in 1215 asserted that “no free man shall be arrested or imprisoned … except by lawful judgment of his peers or by the law of the land.” Britain’s 1628 Petition of Right, written during parliament’s struggle against the dictatorial Charles I, holds that “no man … should be put out of his land or tenement nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of law.” The king, who imposed forced loans on his subjects and imprisoned people without trials, was beheaded during the English civil war.


“That example completely inspired the American Revolution,” Rosen explained. “They compared the tyranny of George III to the arbitrary rule of Charles I, saying George III was violating due process of law by insisting that patriots are tried in England rather than in local courts, that they can be put in jail without trial, and their liberty is at the whim of the king.” During the revolution, due-process provisions appeared in the constitutions of Pennsylvania, Virginia, New York, North Carolina and Vermont. Similar language was included in the Fifth Amendment to the Constitution, then eventually repeated in the 14th Amendment to apply to all states.
“The very foundation of constitutionalism, which means a government according to law rather than autocratic whim, is the due process of law,” Rosen told me. “What distinguishes a constitutional officeholder from an absolute monarch or a tyrant is that he is bound by the Constitution and by laws.” Without due process, there is no free market, because private property can be taken without justification or explanation. Without due process, there are no civil liberties, for a person’s freedom can be taken for any reason, or none at all.


Without due process, you have what we see today: a leader using a wartime statute in peacetime to declare certain people to be dangerous gang members without providing any evidence, then imprisoning them without charges and finally denying the authority of the courts and defying a court order requiring the leader to obey the laws as written. It is no exaggeration to say that this is the road to despotism.

The Trump administration’s attempt to upend 800 years of settled law is staggering, but it is easily lost in all the other chaos the president is spreading. The Federal Reserve this week said that it expects slower growth and higher inflation than it did before Trump took office, in large part because of his tariffs, while falling confidence among consumers and businesses has raised the danger of recession.

In foreign affairs, Israel has restarted the war in Gaza, and Trump has launched a military campaign to see the Iran-backed Houthi militants in Yemen “completely annihilated.”

Trump failed to get Russian dictator Vladimir Putin to agree to a ceasefire in Ukraine, despite Trump’s bullying of Kyiv and his termination of efforts to document Russian war crimes — including the kidnapping of Ukrainian children.

Trump silenced the Voice of America, to the benefit and delight of China, Russia and Iran. Even the annual visit of the Irish prime minister to the White House for St. Patrick’s Day became mired in controversy when MMA fighter Conor McGregor, given the podium in the White House briefing room, proclaimed that “Ireland is at the cusp of potentially losing its Irishness” because illegal migrants are “running ravage on the country.” Responded the prime minister: “Conor McGregor’s remarks are wrong, and do not reflect the spirit of St Patrick’s Day, or the views of the people of Ireland.”

The new administration’s bows to white nationalism continue apace. It removed, at least temporarily, thousands of pages from the Pentagon website and others that celebrated the integration of the armed forces and the contributions of people of color: a Native American who helped hoist the U.S. flag on Iwo Jima, the Navajo code talkers of World War II, the Native American who drafted the Confederacy’s terms of surrender, baseball great Jackie Robinson, and a Black Vietnam veteran, on whose page the URL was changed to “deimedal-of-honor.” Trump, meanwhile, reiterated his offer to give “safe refuge” to White South Africans, while at the same time expelling the South African ambassador. The administration has restored the names of Fort Benning and Fort Bragg, which honored Confederates — getting around a law prohibiting this by technically renaming the bases for other people with the surnames “Benning” and “Bragg.”

The Forward, a Jewish newspaper, reported this week that the head of Trump’s antisemitism task force shared a post on X on March 14 from a white-supremacist leader asserting that “Trump has the ability to revoke someone’s Jew card.” (The aide apparently later unshared the post, whose author led a group that called on Trump supporters to become “racially aware and Jew Wise.”)

The sabotage of the federal government continues, as recklessly as before: dramatically cutting Social Security staff, offices and phone support while simultaneously requiring millions more of the elderly and disabled to apply for benefits in person rather than online; slashing the taxpayer help staff at the IRS and calling off audits; scaling back scientific research at the Environmental Protection Agency and the National Institutes of Health. Paul Dans, the former chief of Project 2025, told Politico that there “is almost no difference between Project 2025 and what Trump was planning all along and is now implementing.”

Trump appointed conspiracy theorist Michael Flynn, Sean Spicer, Steve Bannon’s daughter and the former White House valet to boards overseeing the U.S. military academies. He took time to visit the Kennedy Center, where he has fired the leadership — and used the visit to share “personal stories and anecdotes, including about the first time he saw ‘Cats’ and which members of the cast he found attractive,” as The Post’s Travis Andrews reported. The administration ordered the release of files on the John F. Kennedy assassination before bothering to remove the Social Security numbers of some people who are still alive.

Trump and his cronies continue to use the federal government for personal gain. Following last week’s promotional event for Musk’s Tesla at the White House, the commerce secretary recommended people buy Tesla stock, and the White House has installed Musk’s Starlink service despite security concerns. At the same time, Trump’s crypto project released a second crypto coin, raising $250 million to bring its total to $550 million — and 75 percent of the earnings go into the Trump family’s pockets. All of this is about as on the level as Trump’s golf game. “I just won the Golf Club Championship … at Trump International Golf Club,” he announced on Sunday, as storms and tornadoes ravaged a swath of the country. “Such a great honor!”

The most ominous development, though, is Trump’s expanding abuse of power to silence critics and disable political opponents. He went to the Justice Department last week and delivered a speech attacking lawyers who opposed him, such as Jack Smith, Andrew Weissmann, Norman Eisen and Marc Elias, as “scum” and “bad people” — and the administration has revoked the security clearances of many such lawyers. After issuing executive orders seeking to destroy three law firms because of their ties to Trump’s opponents, the administration has gone after 20 more law firms over their supposed DEI programs.

In the case of the alleged Venezuelan gang members, administration officials and allies are celebrating their defiance of the court. President Nayib Bukele of El Salvador, which the Trump administration is paying to jail deported migrants at its infamous 40,000-inmate prison, responded on X to Judge Boasberg’s order by saying “Oopsie … too late,” with a laugh-cry emoji. Secretary of State Marco Rubio retweeted it, and Musk added his own laughing emoji. And Attorney General Pam Bondi outrageously claimed “a DC trial judge supported Tren de Aragua terrorists over the safety of Americans” — even though the migrants would not have been released under the court order, which only delayed their deportation.

After a reporter asked the president whether he would cut off Secret Service protection for former president Joe Biden’s children, Trump did exactly that. Trump’s acting head of the Social Security Administration admitted that he had canceled contracts with the state of Maine because he was “upset” at Maine Gov. Janet Mills, a Democrat, for not being “respectful” of Trump during a public exchange they had. Congressional Republicans, meanwhile, have asked Trump’s FBI to probe the main Democratic fundraising platform, saying it “has advanced the financial interests of terror.”

Trump cut off $175 million of government funds going to the University of Pennsylvania because of its policy on trans athletes, following the White House’s suspension of $400 million of funds to Columbia University over Gaza protests there and its demand that the school change its discipline and admissions policies. More than 50 other universities are under investigation. Trump’s acting U.S. attorney for D.C., Ed Martin, has threatened to punish Georgetown Law School if it doesn’t change its curriculum, calling it “unacceptable” for the school to “teach DEI.”

Trump, in his appearance at DOJ, said negative coverage of him on CNN and MSNBC “has to be illegal.” He proclaimed that Biden’s use of the pardon, a constitutional power, to preemptively protect members of the House Jan. 6 committee from Trump’s harassment was “null and void.”

He fired the two Democratic commissioners from the Federal Trade Commission, his latest defiance of federal statutes protecting independent commissions. His administration fired the board of the independent U.S. Institute of Peace and seized control of its building, physically removing its president and threatening prosecution.

Then there are the summary deportations of people Trump finds undesirable. The administration has arrested and is seeking to deport a Columbia graduate student who is a green-card holder with no criminal record because of his role in Gaza protests. It deported a Brown University doctor even though a judge had issued an order requiring 48 hours’ notice before her deportation.

In the House, Trump’s allies raced to obey his instructions, filing impeachment articles against Boasberg on Tuesday. Freshman Rep. Brandon Gill (R-Texas) submitted the articles, joined by five others. House Republicans have also moved to impeach four other federal judges over disagreements with their rulings.

Thus are Trump and his allies ignoring 215 years of precedent, going back to Samuel Chase, that objections to courts’ opinions are to be resolved through the appeals process, not impeachment.
Thus are Trump and his allies turning their backs on 810 years of precedent, going back to the Magna Carta, in which we protect ourselves from tyranny through the due process of law.

But this is where we are. White House press secretary Karoline Leavitt, in a delectable Freudian slip, proclaimed in a briefing this week that “we want to restore the Department of Justice to an institution that focuses on fighting law and order.”


If that is the goal, the Trump administration is to be congratulated on a job well done.

Three noted scholars of history, philosophy, and fascism at Yale University announced that they are moving to a university in Canada. One, Jason Stanley, made clear that he was leaving because of his fear that the U.S. was dangerously close to becoming fascist under Trump.

The Yale Daily News reported:

Three prominent critics of President Donald Trump are leaving Yale’s faculty — and the United States — amid attacks on higher education to take up positions at the University of Toronto in fall 2025.

Philosophy professor Jason Stanley announced this week that he will leave Yale, while history professors Timothy Snyder and Marci Shore, who are married, decided to leave around the November elections. The three professors will work at Toronto’s Munk School of Global Affairs and Public Policy. 

Stanley wrote to the Daily Nous that his decision to leave was “entirely because of the political climate in the United States.” On Wednesday, he told the Guardian that he chose to move after seeing how Columbia University handled political attacks from Trump. 

After the Trump administration threatened to deport two student protesters at Columbia and revoked $400 million in research funding from the school, Columbia agreed on Friday to concede to a series of demands from the Trump administration that included overhauling its protest policies and imposing external oversight on the school’s Middle Eastern studies department.

“When I saw Columbia completely capitulate, and I saw this vocabulary of, well, we’re going to work behind the scenes because we’re not going to get targeted — that whole way of thinking presupposes that some universities will get targeted, and you don’t want to be one of those universities, and that’s just a losing strategy,” Stanley told the Guardian…

Yale has not released a statement addressing the revocation of Columbia’s funding. Yale College Dean Pericles Lewis has told the News that he does not anticipate any changes in Yale’s free expression and protest policies. University President Maurie McInnis previously said that she is prioritizing lobbying for Yale’s interests in Washington over issuing public pronouncements.

Shore wrote that the Munk School had long attempted to recruit her and Snyder and that the couple had seriously considered the offers “for the past two years.” Shore wrote that the couple decided to take the positions after the November 2024 elections. However, a spokesperson for Snyder told Inside Higher Ed that Snyder’s decision was made before the elections, was largely personal and came amid “difficult family matters.” The spokesperson also said that he had “no desire” to leave the United States. 

Shore wrote that her and Snyder’s children were factors in the couple’s decision.

Snyder and Shore both specialize in Eastern European history and each has drawn parallels between the fascist regimes they have studied and the current Trump administration. Stanley, a philosopher, has also published books on fascism and propaganda, including the popular book “How Fascism Works.”  

In 2021, Stanley and Snyder co-taught a course at Yale titled “Mass Incarceration in the Soviet Union and the United States.” Earlier this week, Stanley and Shore joined nearly 3,000 Jewish faculty across the U.S. to sign a letter denouncing the arrest of a Columbia student protester and urging their respective institutions to resist the Trump administration’s policies targeting colleges.

The Daily Nous wrote about Jason Stanley’s decision:

In an email, he writes that “the decision was entirely because of the political climate in the United States.” He had had an offer from Toronto, and decided to accept it last Friday night after Columbia’s capitulation to the Trump administration’s demands…

Stanley writes that he has been “very happy at Yale, with the department and the university,” but that he wants “to raise my kids in a country that is not tilting towards a fascist dictatorship.”

Jason Stanley was even more outspoken in an interview with The Guardian:

A Yale professor who studies fascism is leaving the US to work at a Canadian university because of the current US political climate, which he worries is putting the US at risk of becoming a “fascist dictatorship…”

He said in an interview that Columbia University’s recent actions moved him to accept the offer. Last Friday, Columbia gave in to the Trump administration by agreeing to a series of demands in order to restore $400m in federal funding. These changes include crackdowns on protests, increased security power and “internal reviews” of some academic programs, like the Middle Eastern studies department.

“When I saw Columbia completely capitulate, and I saw this vocabulary of, well, we’re going to work behind the scenes because we’re not going to get targeted – that whole way of thinking pre-supposes that some universities will get targeted, and you don’t want to be one of those universities, and that’s just a losing strategy,” he said.

Stanley added: “You’ve got to just band together and say an attack on one university is an attack on all universities. And maybe you lose that fight, but you’re certainly going to lose this one if you give up before you fight.

“Columbia was just such a warning,” he said. “I just became very worried because I didn’t see a strong enough reaction in other universities to side with Columbia. I see Yale trying not to be a target. And as I said, that’s a losing strategy.”

Stanley said he wasn’t concerned about his ability to continue his scholarship at Yale, but the broader climate against universities played a role. He praised other faculty at Yale for standing up against the attacks on their profession and said he wished he could stay and fight with them.

“But how could you speak out loudly if you’re not an American citizen?” he questioned. “And if you can’t speak out loudly if you’re not an American citizen, when will they come for the American citizens? It’s inevitable.”

Social media posts spread on Wednesday, noting the alarm sounded by a scholar of fascism leaving the country over its political climate. Nikole Hannah-Jones, the journalist and creator of the 1619 Project, wrote on the social media platform Bluesky: “When scholars of authoritarianism and fascism leave US universities because of the deteriorating political situation here, we should really worry.”

In a statement, Yale said it remains a “home to world-class faculty members who are dedicated to excellence in scholarship and teaching”.

“Yale is proud of its global faculty community which includes faculty who may no longer work at the institution, or whose contributions to academia may continue at a different home institution,” the university said. “Faculty members make decisions about their careers for a variety of reasons and the university respects all such decisions.”skip past newsletter promotion

He said he considered leaving the US in 2017, but that the second Trump administration has “definitely” proved worse than the first. Stanley’s profile has also risen since then after the publication of several books on propaganda and fascism. The Munk school is building a program with the view that there’s an “international struggle against democracy” and provides a “very exciting intellectual opportunity”, he said.

“I don’t see it as fleeing at all,” he said. “I see it as joining Canada, which is a target of Trump, just like Yale is a target of Trump.”

What does it say that a scholar of fascism is leaving the US right now? Said Stanley: “Part of it is you’re leaving because ultimately, it is like leaving Germany in 1932, 33, 34. There’s resonance: my grandmother left Berlin with my father in 1939. So it’s a family tradition.”

ICE has become the American Gestapo. They are snatching foreign students on American campuses and whisking them away, often to undisclosed locations, with no hearings, no due process.

The latest snatch-and-grab occurred yesterday at Tufts University in Massachusetts.

The Boston Globe reported:

The Trump administration’s campaign against pro-Palestinian activists reached the Boston area Tuesday evening when an international PhD student at Tufts was arrested by masked federal immigration agents on a residential street and sent to a detention facility in Louisiana, according to federal immigration records and the student’s attorney.

Plainclothes officers handcuffed Rumeysa Ozturk, a 30-year-old Turkish national in the US on a student visa, and loaded her into an unmarked SUV with tinted windows as she pleaded for explanations, according to video of the arrest. She was transferred to Louisiana despite a federal judge ordering US Immigration and Customs Enforcement Tuesday night not to remove Ozturk from Massachusetts without prior notice.

The precise timing of Ozturk’s transfer to Louisiana and the issuance of the judge’s order was unclear.

It was also unclear why the government targeted Ozturk, who is doctoral candidate at Tufts department of child study and human development. She had voiced support for the pro-Palestinian movement at Tufts, but was not known as a prominent leader. Her lawyer said she is not aware of any charges against her.

“I don’t understand why it took the government nearly 24 hours to let me know her whereabouts,” her lawyer, Mahsa Khanbabai, said. ”Why she was transferred to Louisiana despite the court’s order is beyond me. Rumeysa should immediately be brought back to Massachusetts, released, and allowed to return to complete her PhD program.”

A spokesperson for the Department of Homeland Security asserted Ozturk “engaged in support of Hamas,” a US-designated terror group behind the Oct. 7 attack on Israel that led to Israel’s retaliatory military campaign in Gaza, but did not provide evidence of that claim.

“A visa is a privilege not a right. Glorifying and supporting terrorists who kill Americans is grounds for visa issuance to be terminated,” the spokesperson said.

A screen grab from a video shows Tufts graduate student Rumeysa Ozturk, in white coat, being approached by federal immigration authorities before being detained on Tuesday, March 25 in Somerville.

Ozturk is the latest international student arrested by the Trump administration, which has vowed to deport non-citizen pro-Palestinian activists whom it accuses of engaging in antisemitic or illegal protests. That campaign is part of Trump’s wider crackdown on elite universities, including funding cuts, bans on diversity programs, and investigations over schools’ alleged inaction on antisemitism.

Earlier in March, Trump’s antisemitism task force canceled $400 million of federal funding for Columbia University. The administration also arrested Mahmoud Khalil, a recent Columbia graduate and Algerian citizen who was a leader of the school’s pro-Palestinian movement. Officials are trying to deport him, too, after Secretary of State Marco Rubio declared his continued presence in the United States was detrimental to US foreign policy.

Agents have also arrested a researcher at Georgetown University from India and sought the arrest of another Columbia student, an immigrant from South Korea, as President Trump vowed that Khalil’s detention was “the first arrest of many to come.”

The administration recently told dozens of schools, including Tufts, they may face sanctions for failing to protect Jewish students from antisemitic harassment.

Ozturk’s lawyer said information about her client was recently added to Canary Mission, a website that compiles information about pro-Palestinian students and professors, and which activists say has led to harassment and doxxing. The website noted Ozturk co-wrote an op-ed in the Tufts student newspaper last year criticizing the university’s response to the pro-Palestinian movement, urging Tufts to “end its complicity with Israel insofar as it is oppressing the Palestinian people and denying their right to self-determination.”

Pro-Palestinian activists and free speech advocates have decried the arrests as unconstitutional repression of political speech.

Massachusetts Attorney General Andrea Campbell called the footage of the arrest “disturbing.”

“Based on what we now know, it is alarming that the federal administration chose to ambush and detain her, apparently targeting a law-abiding individual because of her political views. This isn’t public safety. It’s intimidation that will, and should, be closely scrutinized in court,” Campbell said.

Ozturk’s arrest took place slightly after 5 p.m. Tuesday on Mason Street in Somerville near Tufts, according to a resident who witnessed the arrest and spoke with the Globe on condition of anonymity due to fear of retaliation by the government, as well as security camera footage obtained by the Globe.

While walking his dog, the witness said, he saw a woman screaming outside a house. Half a dozen officers in plainclothes and wearing masks surrounded her, he said. As they handcuffed her, she cried and said, “OK, OK, but I’m a student,” he recalled.

Then they placed her in an unmarked SUV with tinted windows….

Reyyan Bilge, an assistant teaching professor in psychology at Northeastern University, told the Globe she has known Ozturk for more than a decade since Bilge taught Ozturk at Şehir University in Istanbul. Ozturk came to the United States to get her master’s degree at Columbia as a Fulbright scholar, Bilge said.

She graduated in 2020 from the developmental psychology program at Columbia Teacher’s College, according to a 2021 social media post by the school.

Bilge described Ozturk as soft-spoken and kind. “If you were to actually have a chat with her for about five minutes, you would understand how kind and how decent a person she is,” she said….

Tufts University president Sunil Kumar disclosed the arrest in a campus-wide message Tuesday night.

The university “had no pre-knowledge” of the arrest, he said, and Tufts did not share information with authorities, adding that the location of the arrest was not affiliated with the university.

The university was told Ozturk’s visa status was “terminated,” Kumar said in the email.

“We realize that tonight’s news will be distressing to some members of our community, particularly the members of our international community,” he said.

In a three-page order issued Tuesday, federal Judge Indira Talwani ordered ICE to submit a written explanation for relocating Ozturk and notify the court 48 hours before any effort takes place to allow the judge time to review the added information.

Ozturk’s lawyer filed a habeas petition in court on Tuesday asking for her release. Talwani also directed ICE officials to respond to the petition by Friday.

All of Ozturk’s family is in Turkey, and she only has friends here in the United States, Bilge said.

Bilge said Ozturk would never say anything to hurt anyone. “She’s not antisemitic,” Bilge said. But like many other Muslims, Bilge said, Ozturk is concerned about the human rights of Palestinian people. “But that’s freedom of speech,” Bilge said. “That’s just being human.”

On Wednesday evening, more than 2,000 people rallied insupport of Ozturk at a park near Powder House Square and the Tufts campus. Among them were students from Tufts and Harvard, as well as residents from the surrounding neighborhoods. Some wore keffiyehs, a patterned scarf associated with Palestinian nationalism. Others wore yarmulkes, the Jewish skullcap. “Stand up, fight back!” they chanted.